Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gabison (US 5143014) in view of Langley (US 2015/0166144) and Lokken (US 3475772). With respect to claims 1-16, Gabison (note all the Figures) discloses the basic claimed structure including a cover for a watercraft with a cover body having a front, an aft end and lateral sides and a fastening system. The cover includes contoured areas extending out of a plane of a surrounding portion of the cover body including an aft concave portion with a low point (at drain 10) and a front contoured area. Note also that the aft concave contoured portion also extends to both lateral sides of the cover. Not clearly disclosed by Gabison is a fastening system with a tension member and a tightening mechanism and draining toward an edge of the watercraft. Langley teaches a fastening system with a tension member 34 and a tightening mechanism (ratchet mechanisms; paragraph 0027) aligned with the longitudinal axis of the cover (Figure 4). Lokken teaches draining water from a cover toward the back edge of a watercraft (Figure 2) including a contoured cover including contoured part 20. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Gabison with a fastening system with a tension member and a tightening mechanism aligned with the longitudinal axis of the cover as taught by Langley with a high likelihood of success for ease of installation and to drain the water toward an edge of the watercraft as taught by Lokken with a high likelihood of success for reduced sagging of the cover by the water weight and improved water handling to remove the water directly out of the watercraft. Further with respect to claims 15-16, note Gabison, all the Figures, the sides are not uniform in that they have contours and having a linear front portion and a curved contoured aft portion. The combinations combine known features to achieve predictable results.
Claim(s) 17-20 and 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers et al (US 2022/0281560) in view of Gabison (US 5143014) and Lokken (US 3475772).. With respect to claims 17-20 and 22-23, Rogers et al disclose a pontoon boat with a deck, a railing system with an opening (Figures 12), a cover 152, a movable structure 48 underneath the cover, the cover including a cover body connectable to the railing, the cover being transformable from a loose configuration to a tightened configuration (note the Figures). Not clearly disclosed by Rogers et al is a contoured are with a low point and draining toward an edge of the watercraft. Gabison (note all the Figures) discloses the basic claimed structure including a cover for a watercraft with a cover body having a front, an aft end and lateral sides and a fastening system. The cover includes contoured areas extending out of a plane of a surrounding portion of the cover body including an aft concave portion with a low point (at drain 10) and a front contoured area. Note also that the aft concave contoured portion also extends to both lateral sides of the cover. Lokken teaches draining water from a cover toward the back edge of a watercraft (Figure 2) including a contoured cover including contoured part 20. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Rogers et al with contoured areas including a low point as taught by Gabison with a high likelihood of success for improved drainage and to drain the water toward an edge of the watercraft as taught by Lokken with a high likelihood of success for reduced sagging of the cover by the water weight and improved water handling to remove the water directly out of the watercraft. The combinations combine known features to achieve predictable results.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers et al (US 2022/0281560) in view of Gabison (US 5143014) and Lokken (US 3475772), as applied to claim 17 above, and further in view of McKeand (US 2009/0178604). With respect to claims 21, Rogers et al disclose a pontoon boat with an arch 138 outside the cover. Not clearly disclosed by Rogers et al is the arch being movable. McKeand (note Figure 2) discloses a movable arch structure. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Rogers et al with the arch being movable as taught by McKeand with a high likelihood of success for improved storage of the tower when not in use. The combination combines known features to achieve predictable results.
Applicant’s arguments with respect to claim(s) 11/26/25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Note that Lokken clearly teaches draining toward an edge of the watercraft it would have been obvious to a person of ordinary skill in the art at the time the invention was made to drain the water toward an edge of the watercraft as taught by Lokken with a high likelihood of success for reduced sagging of the cover by the water weight and improved water handling to remove the water directly out of the watercraft. The combination combines known features to achieve predictable results.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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STEPHEN AVILA
Primary Examiner
Art Unit 3617
/STEPHEN P AVILA/ Primary Examiner, Art Unit 3615